Section 096-854-7 - Facility Location in Certain AreasA.Prohibition. No person shall establish, construct, alter, or operate a waste facility for hazardous waste, except as noted, where the facility is or would be located: (1) On land defined as a wetland under statutes or regulations administered by the Department, Department of Agriculture, Conservation and Forestry, Department of Inland Fisheries & Wildlife, or Department of Marine Resources; or(2) Within any 100-year flood plain so designated by the Federal Emergency Management Agency or within the level of any documented flood of a greater magnitude. This prohibition does not apply to a facility where hazardous waste is not handled in a landfill, land treatment unit, miscellaneous unit, surface impoundment or waste pile or to any interimly-licensed (under 06-096 C.M.R. ch. 855) storage or treatment facility in use on the effective date of this Chapter; or (3) So that it overlies any portion of a surface or subsurface sand and gravel aquifer or a high yield bedrock aquifer. This prohibition applies to a facility where hazardous waste is handled in a surface impoundment, landfill, underground tank, or waste pile or a facility where hazardous waste is treated utilizing land treatment techniques; or NOTE: Maps prepared by the Department of Agriculture, Conservation and Forestry (Maine Geological Survey) may provide guidance as to the location of sand and gravel and bedrock aquifers within the State of Maine.
(4) Within the boundaries of a state or federal park or designated wilderness area. This prohibition does not apply to a storage facility (Section 12 of this Chapter);B.Rebuttable Presumption. A waste facility for hazardous waste located as set forth below is presumed to pose serious threats to public health or welfare or to the environment such that a license for a facility cannot be issued. The presumption applies if: (1) The facility property is located on land defined as a wetland under statutes or regulations administered by the Department, Department of Agriculture, Conservation and Forestry, Department of Inland Fisheries & Wildlife, or Department of Marine Resources; or(2) The facility or facility property is located within 300 feet of any 100-year flood plain so designated by the Federal Emergency Management Agency or within 300 feet of the level of any documented flood of a greater magnitude. Evidence that the facility will be constructed or operated in compliance with the special requirements for facilities located in a flood plain is not an adequate basis for rebutting the presumption against such siting. However, the presumption may not be rebutted unless the applicant demonstrates along with its other offer of evidence rebutting the presumption that the facility will meet all applicable standards; or(3) The facility or facility property overlies any portion of a surface or subsurface sand and gravel aquifer or its primary recharge zone or a high yield bedrock aquifer; or(4) The facility or facility property is located within one mile upgradient of any underground source of public drinking water, or within the watershed of a surface water source of public drinking water, or within 1,000 feet of any source of potable water for humans or livestock; or(5) The facility or facility property is located such that it may pose a threat to fisheries or wildlife or other natural resources in an area including a sanctuary, refuge, or preserve designated as such under statutes or regulations administered by the Department of Inland Fisheries & Wildlife or Marine Resources; a state or federal park, sanctuary, or designated wilderness area, or a critical area identified as such under statutes or regulations administered by the Natural Areas Program of the Maine Department of Agriculture, Conservation, and Forestry, or to fish in a fish hatchery; or(6) The facility property is located within the boundaries of a state or federal park or designated wilderness area. An applicant seeking a license to establish, construct, alter, or operate a facility in such a location must overcome this presumption by persuasive evidence that the facility is unique in some way that allows for compliance with the intent of this Chapter.
06-096 C.M.R. ch. 854, § 7